Abstract

In this essay, writer is analyzing the overview judicial review of sociological agreement/employment contract between foreign professional players and PT Arema Indonesia FC. The propositions which will be reviewed in this essay are what pre-contract phases PT Arema Indonesia FC has to go through to recruit foreign professional players, in what format the foreign players’ contracts with PT Arema Indonesia FC is, what the obligations and rights between both sides in the employment contract are, in what conditions the contract between foreign professional players with PT Arema Indonesia FC ends, and the process of the legal settlement in case there is a breach in the contract between foreign professional players and PT Arema Indonesia FC.
Research method used in the essay is the judicial sociology method which emphasizes juridical law science without neglecting the importance of analyzing the common law principles practiced in the society. Data used in this research are primary and secondary data; in terms of description of the matters this research applied qualitative description method in which the method deciphers information based on the result obtained from the real-life based field study. The field study was done in real-life condition; the result and data obtained from the study are completely analyzed and systematically framed to build a comprehensive conclusion.
The result of the research shows that the implementations of the employment contract between foreign professional players and PT Arema Indonesia FC are
1. The pre-contract phase is a phase in which PT Arema Indonesia FC is in the process of searching for the foreign professional players needed by the club before any contract or agreement between the management and the wanted players is signed.
2. The format of the contract is the standard written format in the form of authentic pact consisted of clauses which are referred to the PSSI’s code of conduct. The working contract is an agreement with potential legal threat included in the pact; the potential legal threat itself is compatible with contract’s freedom principle referring to article 1320 and the 1stsection of article 1338 in the civil private law codex.
3. Obligations and rights of all involved parties (foreign players, agent(s), and PT Arema Indonesia FC) applied in the contract emerged from the interest rapprochement of all parties, which in this case PT Arema Indonesia as the first party, foreign professional players as the second party, and the agent(s) of the professional players as the third party, to create or establish an employment contract. Thus, the obligations and rights become the basic reference in the employment contract’s agreement in which PT Arema Indonesia explains the rights and the obligations in detail in accordance with what’s written in the employment contract’s script Chapter 2 article 2, 3, 4, 5, 6, 7, 8, 9, 10.
4. Foreign professional player’s employment contracts’ conditions of termination with PT Arema Indonesia FC are explained in what’s black-and-white in article 14, 15, and 16 which explains about the contract termination, the termination and the cessation of competition due to force majeure can also be found in employment contract’s script Chapter 4 article 12, 13, 14, and 15.
Breach of contract in the agreement/employment contract between professional foreign players and PT. Arema Indonesia are
1. A breach of contract case in foreign players’ employment contract’s implementation occurred once between PT Arema Indonesia with Cameroon foreign professional player Emile Bertrand Mbamba during 2007-2008 season competition. During the season said, Mbamba breached his contract in the way of which was mentioned in the agreement/employment contract’s script article 2, “Player is absent during matches and/or competition without club’s consent and without clear reasons,” article 3, “Player is given red card or 2 yellow cards on a match or competition which caused by harmful acts to the team,” and article 4, “Player is punished by PSSI’s discipline committee.”
2. The legal settlement done by PT Arema Indonesia on the breach of contract case by foreign player Emile Bertrand Mbamba is in accordance with what’s written on the script of employment contract. Specifically, it refers to Chapter 2 article 19 and 20 and PSSI’s year 2008 rules of organization about player’s contract. The legal settlement in a case of breach of contract will be conducted by mediation. Parties involved in which PT Arema Indonesia, the foreign player, and the player’s agent(s) meet to conduct consensus. If there is no agreement, parties involved will have to agree to bring the case to Indonesian League Organization or PSSI to find the best resolution.
Keywords: Employment contract, breach.